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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Hi, I presently work part time/on call for an electronics

Resolved Question:

Hi,
I presently work part time/on call for an electronics company based out of the Norfolk, Va. area. I live in Northern California. The previous 10 years I worked for another company doing the same job with no problems. The job requires travel, sometimes to other states. This is a government contract servicing remote sites for the Coast Guard.
Since being hired by the present company they have put restrictions on my time entry that limits me to "California Only". Their corporate says that it is because I pay taxes in California, so I have to abide by California overtime rules (any over 8 on a daily basis). Consequently, if they sent me to another state to work, that rule would apply. They have the choice of just allowing it or not. At this point they are not allowing it and thusly cutting back my work time greatly.
Others, not in California, have been working more, servicing sites I have previously done, and closer to me. I hope I have made this clear enough. My question is are they right in their interpretation. What can I reference in the labor laws that governs this matter. The previous company/contract was with a much larger company and would have surely had to abide by the same laws.
Thank You.
R. Moody
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I'm not sure what you mean. Are they refusing you work over 8 hours in a day since they would have to pay you overtime for work in California?

Are you stating that a previous employer had you work more than that in a day in California and DID NOT pay you unemployment benefits?
Customer: replied 1 year ago.


No, they are refusing to let me work outside of California. The timesheet, on line, will not let me sign it unless I abide by the over 8 hour daily rule in California. So if I go work in Nevada, for instance, I have to enter time over 8 hours as overtime. They don't like that so I am forced to only work in California by default. As long as I'm in California it's ok.


The previous employer let us determine the rule when we entered time. This company says that it is because of me paying Calif. taxes is they reason they can't take off that restriction.

Expert:  Joseph replied 1 year ago.
Hello Richard,

And, just to clarify, your question is whether they can legally require that you only work in California due to their (mis)interpretation of the law?
Customer: replied 1 year ago.


They can probably only allow me to work in Calif. I guess it's their option. I just want to know what is the law/rule about California residents working (one or two days, maybe up to a week ) in other states. Do you follow the California over time rules or the state that you are working in. Their corporate says that it is California rules no matter what state I work in--because I pay taxes in California. Are they right or wrong!!

Expert:  Joseph replied 1 year ago.
Thanks for the clarification, Richard.

They are wrong. California overtime rules only apply to work that is DONE in California. It is where the work is performed that is determinative of whether overtime is paid and NOT where the person resides.

It the latter were the case, you could have two workers, both working in a neighboring state and one would receive significantly more in overtime than the other based solely on residing in California.

You are correct and the company is not correct in this regards. This is a simple principal of state autonomy rules though, and you couldn't find a particular statute in the labor code. Just as California cannot prosecute for crimes done by California residents in other states under the California Penal Code, California cannot enforce California Labor law on work that is done in other states.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Joseph,

Is there no law, rule statute that I can reference in this matter? They won't believe me!
Expert:  Joseph replied 1 year ago.
It's really a simple jurisdictional matter. Sullivan v. Oracle Corp may help, referenced here:

http://www.lowenstein.com/f iles/Publication/e5da1784-4490-4d37-93b2-1edda1fac18c/Presentation/PublicationAttachment/b3d62557-2e85-432f-85be-271853a1f281/California%20Employers%20Must%20Comply%20With%20California%20Overtime%20Laws%20for%20OutofState%20Empl.pdf

It states that California law applies to WORK done in California (by out of state employees) not to work done by California residents out of state.

I'm sorry that your employer seems a little dense on this, but any first year law student could tell them that state law ONLY applies to activities in that state.
Customer: replied 1 year ago.


Thanks Joseph. You are all right by me!! I think this company has the dud of the class advising them. They seem kind of this way on a lot of things. I didn't know how good I had it until the contract got shifted to this company!! I'll see if I can make any headway with them. If no, my wife is the office manager for a local lawyer--different type but maybe he could knock some sense into them!


RM

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Joseph
Joseph
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Extensive experience representing employees and management